II 

Calendar No. 376 

118TH CONGRESS 

2D SESSION S. 3874 

To impose sanctions with respect to foreign support for terrorist organizations 

in Gaza and the West Bank, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 5, 2024 

Mr. RUBIO (for himself, Ms. ROSEN, and Mr. HAWLEY) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations 

MAY 7, 2024 

Reported by Mr. CARDIN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To impose sanctions with respect to foreign support for terrorist organizations in Gaza and the West Bank, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Hamas and Palestinian Islamic Jihad International Ter6 rorism Support Prevention Act of 2024’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Statement of policy. 

Sec. 4. Imposition of sanctions with respect to foreign persons and agencies and 

instrumentalities of foreign states supporting Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof. 

Sec. 5. Imposition of sanctions with respect to foreign governments that provide 

material support for the terrorist activities of Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof. 

Sec. 6. Report on activities of foreign countries to disrupt global fundraising, 

financing, and money laundering activities of Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof. 

Sec. 7. Miscellaneous provisions. 

Sec. 8. Determination of budgetary effects. 

3 SEC. 2. DEFINITIONS. 

4 In this Act: 

5 (1) ADMITTED.—The term ‘‘admitted’’ has the 

6 meaning given that term in section 101(a)(13)(A) of 

7 the Immigration and Nationality Act (8 U.S.C. 

8 1101(a)(13)(A)). 

9 (2) AGENCY OR INSTRUMENTALITY OF A FOR10 EIGN STATE.—The term ‘‘agency or instrumentality 

11 of a foreign state’’ has the meaning given that term 

12 in section 1603(b) of title 28, United States Code. 

13 (3) APPROPRIATE CONGRESSIONAL COMMIT14 TEES.—The term ‘‘appropriate congressional com15 mittees’’ means the Committee on Foreign Relations 

16 of the Senate and the Committee on Foreign Affairs 

17 of the House of Representatives. 

18 (4) FOREIGN PERSON.—The term ‘‘foreign per19 son’’ means— 


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1 (A) an individual who is not a United 

2 States person; or 

3 (B) a corporation, partnership, or other 

4 nongovernmental entity that is not a United 

5 States person. 

6 (5) MATERIAL SUPPORT.—The term ‘‘material 

7 support’’ has the meaning given the term ‘‘material 

8 support or resources’’ in section 2339A of title 18, 

9 United States Code. 

10 (6) PERSON.—The term ‘‘person’’ means an in11 dividual or entity. 

12 (7) UNITED STATES PERSON.—The term 

13 ‘‘United States person’’ means— 

14 (A) a United States citizen or an alien law15 fully admitted for permanent residence to the 

16 United States; 

17 (B) an entity organized under the laws of 

18 the United States or of any jurisdiction within 

19 the United States, including a foreign branch of 

20 such an entity; or 

21 (C) a person in the United States. 

22 SEC. 3. STATEMENT OF POLICY. 

23 It is the policy of the United States— 


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1 (1) to prevent Hamas, the Palestinian Islamic 

2 Jihad, or any affiliate or successor thereof from ac3 cessing its international support networks; 

4 (2) to oppose Hamas, the Palestinian Islamic 

5 Jihad, or any affiliate or successor thereof from at6 tempting to use goods, including medicine and dual7 use items, to smuggle weapons and other materials 

8 to further acts of terrorism; and 

9 (3) to hold accountable Hamas, the Palestinian 

10 Islamic Jihad, and their international support net11 works for their attack against Israel on October 7, 

12 2023. 

13 SEC. 4. IMPOSITION OF SANCTIONS WITH RESPECT TO FOR14 EIGN PERSONS AND AGENCIES AND INSTRU15 MENTALITIES OF FOREIGN STATES SUP16 PORTING HAMAS, THE PALESTINIAN ISLAMIC 

17 JIHAD, OR ANY AFFILIATE OR SUCCESSOR 

18 THEREOF. 

19 (a) IN GENERAL.—Not later than 180 days after the 

20 date of the enactment of this Act, the President shall im21 pose the sanctions required under subsection (c) with re22 spect to any foreign person and any agency or instrumen23 tality of a foreign state that the President determines 

24 knowingly— 


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1 (1) assists in, sponsors, or provides significant 

2 financial or material support for, or financial or 

3 other services to or in support of any person de4 scribed in subsection (b); or 

5 (2) directly or indirectly, materially engages in 

6 a significant transaction with any person described 

7 in subsection (b). 

8 (b) PERSON DESCRIBED.— 

9 (1) IN GENERAL.—A person described in this 

10 subsection is a foreign person that the President de11 termines— 

12 (A) is a senior member of Hamas, the Pal13 estinian Islamic Jihad, or any affiliate or suc14 cessor thereof; 

15 (B) is a senior member of the Al-Aqsa 

16 Martyr’s Brigade, Lion’s Den, or any other en17 tity that the President determines is part of the 

18 terrorist infrastructure in the West Bank and 

19 Gaza; 

20 (C) is a senior member of a foreign ter21 rorist organization designated pursuant to sec22 tion 219 of the Immigration and Nationality 

23 Act (8 U.S.C. 1189) whose members directly or 

24 indirectly support any of the activities of, know25 ingly engage in a significant transaction with, 


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1 or provide financial or material support for 

2 Hamas, the Palestinian Islamic Jihad, any affil3 iate or successor thereof, or any person de4 scribed in subparagraph (A) or (B); or 

5 (D) knowingly provides or has provided 

6 material assistance, financial or material sup7 port, or goods or services that directly or indi8 rectly supports the terrorist activities of any 

9 foreign person described in subparagraph (A) or 

10 (B). 

11 (2) REQUIREMENT TO ISSUE GUIDANCE.—Not 

12 later than 60 days after the date of the enactment 

13 of this Act, and not later than 180 days thereafter, 

14 the President shall issue regulations or other guid15 ance to identify the persons described in this sub16 section. 

17 (c) SANCTIONS REQUIRED.— 

18 (1) FOREIGN PERSONS.—With respect to a for19 eign person subject to sanctions under subsection 

20 (a), the President shall exercise all powers granted 

21 to the President by the International Emergency 

22 Economic Powers Act (50 U.S.C. 1701 et seq.) (ex23 cept that the requirements of section 202 of such 

24 Act (50 U.S.C. 1701) shall not apply) to the extent 

25 necessary to block and prohibit all transactions in all 


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1 property and interests in property of the foreign per2 son if such property and interests in property are in 

3 the United States, come within the United States, or 

4 are or come within the possession or control of a 

5 United States person. 

6 (2) AGENCIES OR INSTRUMENTALITIES OF A

7 FOREIGN STATE.—With respect to an agency or in8 strumentality of a foreign state subject to sanctions 

9 under subsection (a), the President shall impose 2 or 

10 more of the following: 

11 (A) The President may direct the Export12 Import Bank of the United States not to give 

13 approval to the issuance of any guarantee, in14 surance, extension of credit, or participation in 

15 the extension of credit in connection with the 

16 export of any goods or services to the agency or 

17 instrumentality, and the Export-Import Bank 

18 of the United States shall comply with any such 

19 direction. 

20 (B) The President may prohibit the sale of 

21 any defense articles, defense services, or design 

22 and construction services under the Arms Ex23 port Control Act (22 U.S.C. 2751 et seq.) to 

24 the agency or instrumentality. 


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1 (C) The President may prohibit the 

2 issuance of licenses for export of any item on 

3 the United States Munitions List under section 

4 38(a)(1) of the Arms Export Control Act (22 

5 U.S.C. 2778(a)(1)) that include the agency or 

6 instrumentality as a party to the license. 

7 (D) The President may prohibit the export 

8 of any goods or technologies controlled for na9 tional security reasons under the Export Ad10 ministration Regulations under subchapter C of 

11 chapter VII of title 15, Code of Federal Regula12 tions, or successor regulations, to the agency or 

13 instrumentality, except that such prohibition 

14 shall not apply to any transaction subject to the 

15 reporting requirements of title V of the Na16 tional Security Act of 1947 (50 U.S.C. 3091 et 

17 seq.). 

18 (E) The President may prohibit any 

19 United States financial institution from making 

20 loans or providing any credit or financing total21 ing more than $10,000,000 to the agency or in22 strumentality, except that this subparagraph 

23 shall not apply to— 

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1 tional Security Act of 1947 (50 U.S.C. 

2 3091 et seq.); 

3 (ii) the provision of medicines, medical 

4 equipment, and humanitarian assistance; 

5 or 

6 (iii) any credit, credit guarantee, or fi7 nancial assistance provided by the Depart8 ment of Agriculture to support the pur9 chase of food or other agricultural com10 modities. 

11 (F) The President may exercise all powers 

12 granted to the President by the International 

13 Emergency Economic Powers Act (50 U.S.C. 

14 1701 et seq.) (except that the requirements of 

15 section 202 of such Act (50 U.S.C. 1701) shall 

16 not apply) to the extent necessary to block and 

17 prohibit all transactions in all property and in18 terests in property of the agency or instrumen19 tality if such property and interests in property 

20 are in the United States, come within the 

21 United States, or are or come within the pos22 session or control of a United States person. 

23 (d) CONGRESSIONAL NOMINATION DETERMINATION

24 WITH RESPECT TO FOREIGN PERSONS SUBJECT TO

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1 quest from the chairman and ranking member of one of 

2 the appropriate congressional committees with respect to 

3 whether a foreign person is subject to sanctions under sub4 section (a) pursuant to the criteria set forth in that sub5 section, the President shall— 

6 (1) determine if the person meets those criteria; 

7 and 

8 (2) submit a classified or unclassified report to 

9 such chairman and ranking member with respect to 

10 the determination under paragraph (1) that includes 

11 a statement of whether or not the President has im12 posed or intends to impose sanctions with respect to 

13 that person. 

14 (e) PENALTIES.— 

15 (1) IN GENERAL.—The penalties provided for in 

16 subsections (b) and (c) of section 206 of the Inter17 national Emergency Economic Powers Act (50 

18 U.S.C. 1705) shall apply to a person that knowingly 

19 violates, attempts to violate, conspires to violate, or 

20 causes a violation of regulations prescribed under 

21 section 7(b) to carry out paragraph (1) or (2)(F) of 

22 subsection (c) to the same extent that such penalties 

23 apply to a person that knowingly commits an unlaw24 ful act described in section 206(a) of that Act. 


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1 (2) AUTHORITIES.—The President may exercise 

2 all authorities provided to the President under sec3 tions 203 and 205 of the International Emergency 

4 Economic Powers Act (50 U.S.C. 1702 and 1704) 

5 for purposes of carrying out paragraphs (1) and 

6 (2)(F) of subsection (c). 

7 (f) EXCEPTION.—The President shall not be required 

8 to impose sanctions under this section with respect to a 

9 foreign person or an agency or instrumentality of a foreign 

10 state if the President certifies in writing to the appropriate 

11 congressional committees that— 

12 (1) the foreign person or agency or instrumen13 tality (as the case may be)— 

14 (A) is no longer carrying out activities or 

15 transactions subject to sanctions under this sec16 tion; or 

17 (B) has taken and is continuing to take 

18 significant verifiable steps toward terminating 

19 activities or transactions subject to sanctions 

20 under this section; and 

21 (2) the President has received reliable assur22 ances from the foreign person or agency or instru23 mentality (as the case may be) that it will not carry 

24 out any activities or transactions subject to sanc25 tions under this section in the future. 


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1 (g) WAIVER.— 

2 (1) IN GENERAL.—The President may waive, 

3 on a case-by-case basis and for a period of not more 

4 than 180 days, a requirement under this section to 

5 impose or maintain sanctions with respect to a for6 eign person or agency or instrumentality of a foreign 

7 state if the President— 

8 (A) determines that the waiver is in the 

9 national security interest of the United States; 

10 and 

11 (B) not less than 30 days before the waiv12 er takes effect, submits to the appropriate con13 gressional committees a report on the waiver 

14 and the justification for the waiver. 

15 (2) RENEWAL OF WAIVER.—The President 

16 may, on a case-by-case basis, renew a waiver under 

17 paragraph (1) for additional periods of not more 

18 than 180 days if the President— 

19 (A) determines that the renewal of the 

20 waiver is in the national security interest of the 

21 United States; and 

22 (B) not less than 15 days before the waiv23 er expires, submits to the appropriate congres24 sional committees a report on the renewal of 


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1 the waiver and the justification for the renewal 

2 of the waiver. 

3 (h) RULE OF CONSTRUCTION.—The authority to im4 pose sanctions under this section with respect to a foreign 

5 person or an agency or instrumentality of a foreign state 

6 is in addition to the authority to impose sanctions under 

7 any other provision of law with respect to foreign persons 

8 or agencies or instrumentalities of foreign states that di9 rectly or indirectly support international terrorism. 

10 (i) EFFECTIVE DATE.—This section shall take effect 

11 on the date of the enactment of this Act and apply with 

12 respect to activities and transactions described in sub13 section (a) that are carried out on or after such date of 

14 enactment. 

15 SEC. 5. IMPOSITION OF SANCTIONS WITH RESPECT TO FOR16 EIGN GOVERNMENTS THAT PROVIDE MATE17 RIAL SUPPORT FOR THE TERRORIST ACTIVI18 TIES OF HAMAS, THE PALESTINIAN ISLAMIC 

19 JIHAD, OR ANY AFFILIATE OR SUCCESSOR 

20 THEREOF. 

21 (a) IDENTIFICATION.— 

22 (1) IN GENERAL.—Not later than 180 days 

23 after the date of the enactment of this Act, and 

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1 mit to the appropriate congressional committees a 

2 report that identifies the following: 

3 (A) Each government of a foreign country 

4 that— 

5 (i) the Secretary of State determines 

6 has repeatedly provided support for acts of 

7 international terrorism pursuant to section 

8 1754(c) of the Export Control Reform Act 

9 of 2018 (50 U.S.C. 4813(c)), section 40 of 

10 the Arms Export Control Act (22 U.S.C. 

11 2780), section 620A of the Foreign Assist12 ance Act of 1961 (22 U.S.C. 2371), or any 

13 other provision of law; and 

14 (ii) the President determines has pro15 vided direct or indirect material support 

16 for the terrorist activities of Hamas, the 

17 Palestinian Islamic Jihad, or any affiliate 

18 or successor thereof. 

19 (B) Each government of a foreign country 

20 that— 

21 (i) is not identified under subpara22 graph (A); and 

23 (ii) the President determines know24 ingly engaged in a significant transaction 

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1 ernment of a foreign country described in 

2 subparagraph (A)(i) to provide direct or 

3 indirect material support for the terrorist 

4 activities of Hamas, the Palestinian Is5 lamic Jihad, or any affiliate or successor 

6 thereof. 

7 (2) FORM OF REPORT.—Each report submitted 

8 under paragraph (1) shall be submitted in unclassi9 fied form but may contain a classified annex. 

10 (b) IMPOSITION OF SANCTIONS.—The President shall 

11 impose the following sanctions with respect to each gov12 ernment of a foreign country identified under subpara13 graph (A) or (B) of subsection (a)(1): 

14 (1) The United States Government shall sus15 pend, for a period of one year, United States assist16 ance to the government of the foreign country. 

17 (2) The Secretary of the Treasury shall instruct 

18 the United States Executive Director to each appro19 priate international financial institution to oppose, 

20 and vote against, for a period of one year, the exten21 sion by that institution of any loan or financial or 

22 technical assistance to the government of the foreign 

23 country. 

24 (3) No item on the United States Munitions 

25 List under section 38(a)(1) of the Arms Export 


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1 Control Act (22 U.S.C. 2778(a)(1)) or the Com2 merce Control List set forth in Supplement No. 1 to 

3 part 774 of title 15, Code of Federal Regulations (or 

4 any successor list), may be exported to the govern5 ment of the foreign country for a period of one year. 

6 (c) IMPOSITION OF ADDITIONAL SANCTIONS WITH

7 RESPECT TO CERTAIN FOREIGN GOVERNMENTS.—The 

8 President shall impose the following additional sanctions 

9 with respect to each government of a foreign country iden10 tified under subsection (a)(1)(A): 

11 (1) The President shall, pursuant to such regu12 lations as the President may prescribe, prohibit any 

13 transactions in foreign exchange that are subject to 

14 the jurisdiction of the United States and in which 

15 the government of the foreign country has any inter16 est. 

17 (2) The President shall, pursuant to such regu18 lations as the President may prescribe, prohibit any 

19 transfers of credit or payments between one or more 

20 financial institutions or by, through, or to any finan21 cial institution, to the extent that such transfers or 

22 payments are subject to the jurisdiction of the 

23 United States and involve any interest of the govern24 ment of the foreign country. 

25 (d) EXCEPTIONS.— 


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1 (1) MILITARY USE EXCEPTION.—The President 

2 shall not be required to impose sanctions with re3 spect to the government of a foreign country pursu4 ant to subsection (b)— 

5 (A) with respect to materials intended to 

6 be used by military or civilian personnel of the 

7 Armed Forces of the United States at military 

8 facilities in the country; or 

9 (B) if the application of such sanctions 

10 would prevent the United States from meeting 

11 the terms of any status of forces agreement to 

12 which the United States is a party. 

13 (2) HUMANITARIAN EXCEPTION.—The following 

14 activities shall be exempt from sanctions under this 

15 section: 

16 (A) The conduct or facilitation of a trans17 action for the sale of agricultural commodities, 

18 food, medicine, or medical devices to a foreign 

19 government described in subsection (a) that is 

20 not otherwise subject to the export control laws 

21 of the United States. 

22 (B) The provision of humanitarian assist23 ance to a foreign government described in sub24 section(a), including engaging in a financial 

25 transaction relating to humanitarian assistance 


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1 or for humanitarian purposes or transporting 

2 goods or services that are necessary to carry 

3 out operations relating to humanitarian assist4 ance or humanitarian purposes. 

5 (e) WAIVER.— 

6 (1) IN GENERAL.—The President may waive, 

7 on a case-by-case basis and for a period of not more 

8 than 180 days, a requirement under subsection (b) 

9 or (c) to impose or maintain sanctions with respect 

10 to a foreign government identified pursuant to sub11 paragraph (A) or (B) of subsection (a)(1) if the 

12 President— 

13 (A) determines that the waiver is in the 

14 national security interest of the United States; 

15 and 

16 (B) not less than 30 days before the waiv17 er takes effect, submits to the appropriate con18 gressional committees a report on the waiver 

19 and the justification for the waiver. 

20 (2) RENEWAL OF WAIVER.—The President 

21 may, on a case-by-case basis, renew a waiver under 

22 paragraph (1) for additional periods of not more 

23 than 180 days if the President— 


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1 (A) determines that the renewal of the 

2 waiver is in the national security interest of the 

3 United States; and 

4 (B) not less than 15 days before the waiv5 er expires, submits to the appropriate congres6 sional committees a report on the renewal of 

7 the waiver and the justification for the renewal 

8 of the waiver. 

9 (3) SUNSET.—The authority of the President 

10 under this subsection shall terminate on the date 

11 that is 2 years after the date of the enactment of 

12 this Act. 

13 (f) RULE OF CONSTRUCTION.—The authority to im14 pose sanctions under subsection (b) or (c) with respect to 

15 each government of a foreign country identified pursuant 

16 to subparagraph (A) or (B) of subsection (a)(1) is in addi17 tion to the authority to impose sanctions under any other 

18 provision of law with respect to governments of foreign 

19 countries that provide material support to foreign terrorist 

20 organizations designated pursuant to section 219 of the 

21 Immigration and Nationality Act (8 U.S.C. 1189). 

22 (g) TERMINATION.—The President may terminate 

23 any sanctions imposed with respect to the government of 

24 a foreign country under subsection (b) or (c) if the Presi25 dent determines and notifies the appropriate congressional 


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1 committees that the government of the foreign country is 

2 no longer carrying out activities or transactions for which 

3 the sanctions were imposed and has provided assurances 

4 to the United States Government that it will not carry 

5 out those activities or transactions in the future. 

6 (h) EFFECTIVE DATE.—This section shall take effect 

7 on the date of the enactment of this Act and apply with 

8 respect to activities and transactions described in subpara9 graph (A) or (B) of subsection (a)(1) that are carried out 

10 on or after such date of enactment. 

11 SEC. 6. REPORT ON ACTIVITIES OF FOREIGN COUNTRIES 

12 TO DISRUPT GLOBAL FUNDRAISING, FINANC13 ING, AND MONEY LAUNDERING ACTIVITIES 

14 OF HAMAS, THE PALESTINIAN ISLAMIC 

15 JIHAD, OR ANY AFFILIATE OR SUCCESSOR 

16 THEREOF. 

17 (a) REPORT.— 

18 (1) IN GENERAL.—Not later than 180 days 

19 after the date of the enactment of this Act, the 

20 President shall submit to the appropriate commit21 tees of Congress a report that includes— 

22 (A) a list of foreign countries that support 

23 Hamas, the Palestinian Islamic Jihad, or any 

24 affiliate or successor thereof, or in which 


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1 Hamas maintains important portions of its fi2 nancial networks; 

3 (B) with respect to each foreign country on 

4 the list required by subparagraph (A)— 

5 (i) an assessment of whether the gov6 ernment of the country is taking adequate 

7 measures to freeze the assets of Hamas, 

8 the Palestinian Islamic Jihad, or any affil9 iate or successor thereof within the terri10 tory of the country; and 

11 (ii) in the case of a country the gov12 ernment of which is not taking adequate 

13 measures to freeze the assets of Hamas— 

14 (I) an assessment of the reasons 

15 that government is not taking ade16 quate measures to freeze those assets; 

17 and 

18 (II) a description of measures 

19 being taken by the United States Gov20 ernment to encourage that govern21 ment to freeze those assets; 

22 (C) a list of foreign countries in which 

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1 cant fundraising, financing, or money laun2 dering activities; 

3 (D) with respect to each foreign country 

4 on the list required by subparagraph (C)— 

5 (i) an assessment of whether the gov6 ernment of the country is taking adequate 

7 measures to disrupt the fundraising, fi8 nancing, or money laundering activities of 

9 Hamas, the Palestinian Islamic Jihad, or 

10 any affiliate or successor thereof within the 

11 territory of the country; and 

12 (ii) in the case of a country the gov13 ernment of which is not taking adequate 

14 measures to disrupt those activities— 

15 (I) an assessment of the reasons 

16 that government is not taking ade17 quate measures to disrupt those ac18 tivities; and 

19 (II) a description of measures 

20 being taken by the United States Gov21 ernment to encourage that govern22 ment to improve measures to disrupt 

23 those activities; and 

24 (E) a list of foreign countries from which 

25 Hamas, the Palestinian Islamic Jihad, or any 


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1 affiliate or successor thereof, acquires surveil2 lance equipment, electronic monitoring equip3 ment, or other means to inhibit communication 

4 or political expression in Gaza. 

5 (2) FORM.—The report required by paragraph 

6 (1) shall be submitted in unclassified form to the 

7 greatest extent possible and may contain a classified 

8 annex. 

9 (b) BRIEFING.—Not later than 180 days after the 

10 date of the enactment of this Act, and every 180 days 

11 thereafter for the following 3 years, the Secretary of State, 

12 the Secretary of the Treasury, and the heads of other ap13 plicable Federal departments and agencies (or their des14 ignees) shall provide to the appropriate committees of 

15 Congress a briefing on the disposition of the assets and 

16 activities of Hamas, the Palestinian Islamic Jihad, or any 

17 successor or affiliate thereof related to fundraising, financ18 ing, and money laundering worldwide. 

19 (c) APPROPRIATE COMMITTEES OF CONGRESS DE20 FINED.—In this section, the term ‘‘appropriate commit21 tees of Congress’’ means— 

22 (1) the Committee on Foreign Relations, the 

23 Committee on Banking, Housing, and Urban Af24 fairs, and the Select Committee on Intelligence of 

25 the Senate; and 


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1 (2) the Committee on Foreign Affairs, the 

2 Committee on Financial Services, and the Perma3 nent Select Committee on Intelligence of the House 

4 of Representatives. 

5 SEC. 7. MISCELLANEOUS PROVISIONS. 

6 (a) RULES OF CONSTRUCTION.— 

7 (1) INTELLIGENCE ACTIVITIES.—Nothing in 

8 this Act shall be construed to apply to the author9 ized intelligence activities of the United States. 

10 (2) ASSISTANCE TO PALESTINIANS.—Nothing 

11 in this Act shall be construed to prohibit the Presi12 dent from providing assistance that benefits Pal13 estinians in the West Bank and Gaza if such assist14 ance is consistent with authorities and requirements 

15 under other provisions of law, including section 

16 1004(a) of the Taylor Force Act (22 U.S.C. 2378c– 

17 1(a)) and sections 620K and 620L of the Foreign 

18 Assistance Act of 1961 (22 U.S.C. 2378b and 

19 2378c). 

20 (b) REGULATORY AUTHORITY.—The President shall, 

21 not later than 180 days after the date of the enactment 

22 of this Act, prescribe regulations as are necessary for the 

23 implementation of this Act. 

24 (c) EXCEPTIONS.— 


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1 (1) EXCEPTION RELATING TO IMPORTATION OF

2 GOODS.— 

3 (A) IN GENERAL.—The authorities and re4 quirements to impose sanctions authorized 

5 under this Act shall not include the authority or 

6 requirement to impose sanctions on the impor7 tation of goods. 

8 (B) GOOD DEFINED.—In this paragraph, 

9 the term ‘‘good’’ means any article, natural or 

10 man-made substance, material, supply or manu11 factured product, including inspection and test 

12 equipment, and excluding technical data. 

13 (2) EXCEPTION FOR APPROVED HUMANITARIAN

14 ASSISTANCE.—No foreign person, agency or instru15 mentality of a foreign state, or government of a for16 eign country may be subject to sanctions under sec17 tion (4)(c) or 5(b) with respect to the provision of 

18 humanitarian assistance to the West Bank and Gaza 

19 that was approved by the Secretary of State with the 

20 concurrence of the Secretary of the Treasury. 

21 (d) TERMINATION.—This Act shall terminate on the 

22 earlier of— 

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1 mittees that Hamas and the Palestinian Islamic 

2 Jihad, or any successor or affiliate thereof— 

3 (A) are no longer designated as a foreign 

4 terrorist organization pursuant to section 219 

5 of the Immigration and Nationality Act (8 

6 U.S.C. 1189); 

7 (B) are no longer subject to sanctions pur8 suant to— 

9 (i) Executive Order 12947 (50 U.S.C. 

10 1701 note; relating to prohibiting trans11 actions with terrorists who threaten to dis12 rupt the Middle East peace process); and 

13 (ii) Executive Order 13224 (50 U.S.C. 

14 1701 note; relating to blocking property 

15 and prohibiting transactions with persons 

16 who commit, threaten to commit, or sup17 port terrorism); and 

18 (C) meet the criteria described in para19 graphs (1) through (4) of section 9 of the Pal20 estinian Anti-Terrorism Act of 2006 (Public 

21 Law 109–446; 22 U.S.C. 2378b note); or 

22 (2) 3 years after the date of the enactment of 

23 this Act. 


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1 SEC. 8. DETERMINATION OF BUDGETARY EFFECTS. 

2 The budgetary effects of this Act, for the purpose of 

3 complying with the Statutory Pay-As-You-Go-Act of 2010 

4 (2 U.S.C. 931 et seq.), shall be determined by reference 

5 to the latest statement titled ‘‘Budgetary Effects of 

6 PAYGO Legislation’’ for this Act, submitted for printing 

7 in the Congressional Record by the Chairman of the Sen8 ate Budget Committee, provided that such statement has 

9 been submitted prior to the vote on passage. 

10 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

11 (a) SHORT TITLE.—This Act may be cited as the 

12 ‘‘Hamas and Palestinian Islamic Jihad International Ter13 rorism Support Prevention Act of 2024’’. 

14 (b) TABLE OF CONTENTS.—The table of contents for 

15 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Statement of policy. 

Sec. 4. Imposition of sanctions with respect to foreign persons and agencies and 

instrumentalities of foreign states supporting Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof. 

Sec. 5. Imposition of sanctions with respect to foreign governments that provide 

material support for the terrorist activities of Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof. 

Sec. 6. Report on activities of foreign countries to disrupt global fundraising, financing, and money laundering activities of Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof. 

Sec. 7. Miscellaneous provisions. 

Sec. 8. Determination of budgetary effects. 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Statement of policy. 

Sec. 4. Imposition of sanctions with respect to foreign persons and agencies and 

instrumentalities of foreign states supporting Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof. 

Sec. 5. Imposition of sanctions with respect to foreign governments that provide 

material support for the terrorist activities of Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof. 


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•S 3874 RS

Sec. 6. Report on activities of foreign countries to disrupt global fundraising, financing, and money laundering activities of Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof. 

Sec. 7. Modification and extension of Sanctioning the Use of Civilians as Defenseless Shields Act. 

Sec. 8. Confronting asymmetric and malicious cyber activities. 

Sec. 9. Sanctions with respect to threats to current or former United States officials. 

Sec. 10. Resources for sanctions implementation at the Department of State. 

Sec. 11. Report on impacts on the Islamic Republic of Iran of sanctions imposed 

by the United States. 

Sec. 12. Miscellaneous provisions. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ADMITTED; ALIEN; LAWFULLY ADMITTED FOR

4 PERMANENT RESIDENCE.—The terms ‘‘admitted’’, 

5 ‘‘alien’’, and ‘‘lawfully admitted for permanent resi6 dence’’ have the meanings given those terms in section 

7 101 of the Immigration and Nationality Act (8 

8 U.S.C. 1101). 

9 (2) AGENCY OR INSTRUMENTALITY OF A FOREIGN

10 STATE.—The term ‘‘agency or instrumentality of a 

11 foreign state’’ has the meaning given that term in sec12 tion 1603(b) of title 28, United States Code. 

13 (3) APPROPRIATE CONGRESSIONAL COMMIT14 TEES.—The term ‘‘appropriate congressional commit15 tees’’ means the Committee on Foreign Relations of 

16 the Senate and the Committee on Foreign Affairs of 

17 the House of Representatives. 

18 (4) FOREIGN PERSON.—The term ‘‘foreign per19 son’’ means— 


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1 (A) an individual who is not a United 

2 States person; or 

3 (B) a corporation, partnership, or other 

4 nongovernmental entity that is not a United 

5 States person. 

6 (5) HAMAS.—The term ‘‘Hamas’’ means— 

7 (A) the entity known as Hamas and des8 ignated by the Secretary of State as a foreign 

9 terrorist organization pursuant to section 219 of 

10 the Immigration and Nationality Act (8 U.S.C. 

11 1189); or 

12 (B) any person identified as an agent or in13 strumentality of Hamas on the list of specially 

14 designated nationals and blocked persons main15 tained by the Office of Foreign Assets Control of 

16 the Department of the Treasury, the property or 

17 interests in property of which are blocked pursu18 ant to the International Emergency Economic 

19 Powers Act (50 U.S.C. 1701 et seq.). 

20 (6) KNOWINGLY.—The term ‘‘knowingly’’, with 

21 respect to conduct, a circumstance, or a result, means 

22 that a person has actual knowledge, or should have 

23 known, of the conduct, the circumstance, or the result. 

24 (7) PALESTINE ISLAMIC JIHAD.—The term ‘‘Pal25 estine Islamic Jihad’’ means— 


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1 (A) the entity known as Palestine Islamic 

2 Jihad and designated by the Secretary of State 

3 as a foreign terrorist organization pursuant to 

4 section 219 of the Immigration and Nationality 

5 Act (8 U.S.C. 1189); or 

6 (B) any person identified as an agent or in7 strumentality of Palestine Islamic Jihad on the 

8 list of specially designated nationals and blocked 

9 persons maintained by the Office of Foreign 

10 Asset Control of the Department of the Treasury, 

11 the property or interests in property of which 

12 are blocked pursuant to the International Emer13 gency Economic Powers Act (50 U.S.C. 1701 et 

14 seq.). 

15 (8) PERSON.—The term ‘‘person’’ means an in16 dividual or entity. 

17 (9) UNITED STATES PERSON.—The term ‘‘United 

18 States person’’ means— 

19 (A) a United States citizen or an alien law20 fully admitted for permanent residence to the 

21 United States; 

22 (B) an entity organized under the laws of 

23 the United States or of any jurisdiction within 

24 the United States, including a foreign branch of 

25 such an entity; or 


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1 (C) a person in the United States. 

2 SEC. 3. STATEMENT OF POLICY. 

3 It is the policy of the United States— 

4 (1) to prevent Hamas, the Palestinian Islamic 

5 Jihad, or any affiliate or successor thereof from ac6 cessing its international support networks; 

7 (2) to oppose Hamas, the Palestinian Islamic 

8 Jihad, or any affiliate or successor thereof from at9 tempting to use the trade in and transport of goods, 

10 including medicine and dual-use items, to smuggle 

11 weapons and other materials to further acts of ter12 rorism; 

13 (3) following the Hamas terror attacks of October 

14 7, 2023, from Gaza against Israel— 

15 (A) to support the security of Israel from 

16 terrorism and other violent attacks emanating 

17 from Gaza; 

18 (B) to oppose the forcible displacement of 

19 Palestinians from Gaza; 

20 (C) to support the right of Palestinians dis21 placed during the war to return to their homes; 

22 and 

23 (D) to oppose the reoccupation of Gaza by 

24 Israel; and 


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1 (4) to hold accountable Hamas, the Palestinian 

2 Islamic Jihad, and their international support net3 works for their attack against Israel on October 7, 

4 2023, and previous acts of international terrorism. 

5 SEC. 4. IMPOSITION OF SANCTIONS WITH RESPECT TO FOR6 EIGN PERSONS AND AGENCIES AND INSTRU7 MENTALITIES OF FOREIGN STATES SUP8 PORTING HAMAS, THE PALESTINIAN ISLAMIC 

9 JIHAD, OR ANY AFFILIATE OR SUCCESSOR 

10 THEREOF. 

11 (a) IN GENERAL.—Not later than 180 days after the 

12 date of the enactment of this Act, the President shall impose 

13 the sanctions described in subsection (c) with respect to any 

14 foreign person and any agency or instrumentality of a for15 eign state that the President determines knowingly— 

16 (1) provides significant financial or material 

17 support to any person described in subsection (b); or 

18 (2) engages in a significant transaction with 

19 any person described in subsection (b). 

20 (b) PERSON DESCRIBED.—A person described in this 

21 subsection is a foreign person that the President deter22 mines— 

23 (1) is a senior member of Hamas, the Pales24 tinian Islamic Jihad, or any affiliate or successor 

25 thereof; 


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•S 3874 RS

1 (2) is a senior member of the Al-Aqsa Martyr’s 

2 Brigade or any affiliate or successor thereof; 

3 (3) is a senior member of a foreign terrorist or4 ganization designated pursuant to section 219 of the 

5 Immigration and Nationality Act (8 U.S.C. 1189) 

6 whose members directly or indirectly support any of 

7 the activities of, knowingly engage in a significant 

8 transaction with, or provide financial or material 

9 support for Hamas, the Palestinian Islamic Jihad, 

10 any affiliate or successor thereof, or any person de11 scribed in paragraph (1) or (2); or 

12 (4) knowingly provides assistance or financial or 

13 material support that supports the terrorist activities 

14 of any foreign person described in paragraph (1), (2), 

15 or (3). 

16 (c) SANCTIONS DESCRIBED.— 

17 (1) FOREIGN PERSONS.—With respect to a for18 eign person subject to sanctions under subsection (a), 

19 the President shall exercise all powers granted to the 

20 President by the International Emergency Economic 

21 Powers Act (50 U.S.C. 1701 et seq.) (except that the 

22 requirements of section 202 of such Act (50 U.S.C. 

23 1701) shall not apply) to the extent necessary to block 

24 and prohibit all transactions in all property and in25 terests in property of the foreign person if such propVerDate Sep 11 2014 07:14 May 08, 2024 Jkt 049200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6203 E:\BILLS\S3874.RS S3874

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1 erty and interests in property are in the United 

2 States, come within the United States, or are or come 

3 within the possession or control of a United States 

4 person. 

5 (2) AGENCIES OR INSTRUMENTALITIES OF A

6 FOREIGN STATE.—With respect to an agency or in7 strumentality of a foreign state subject to sanctions 

8 under subsection (a), the President shall impose 2 or 

9 more of the following: 

10 (A) The President may direct the Export11 Import Bank of the United States not to give ap12 proval to the issuance of any guarantee, insur13 ance, extension of credit, or participation in the 

14 extension of credit in connection with the export 

15 of any goods or services to the agency or instru16 mentality, and the Export-Import Bank of the 

17 United States shall comply with any such direc18 tion. 

19 (B) The President may prohibit the sale of 

20 any defense articles, defense services, or design 

21 and construction services under the Arms Export 

22 Control Act (22 U.S.C. 2751 et seq.) to the agen23 cy or instrumentality. 

24 (C) The President may prohibit the 

25 issuance of licenses for export of any item on the 


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•S 3874 RS

1 United States Munitions List under section 

2 38(a)(1) of the Arms Export Control Act (22 

3 U.S.C. 2778(a)(1)) that include the agency or in4 strumentality as a party to the license. 

5 (D) The President may prohibit the export 

6 of any goods or technologies controlled for na7 tional security reasons under the Export Admin8 istration Regulations under subchapter C of 

9 chapter VII of title 15, Code of Federal Regula10 tions, or successor regulations, to the agency or 

11 instrumentality, except that such prohibition 

12 shall not apply to any transaction subject to the 

13 reporting requirements of title V of the National 

14 Security Act of 1947 (50 U.S.C. 3091 et seq.). 

15 (E) The President may prohibit any United 

16 States financial institution from making loans 

17 or providing any credit or financing totaling 

18 more than $10,000,000 to the agency or instru19 mentality, except that this subparagraph shall 

20 not apply to— 

21 (i) any transaction subject to the re22 porting requirements of title V of the Na23 tional Security Act of 1947 (50 U.S.C. 3091 

24 et seq.); 


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•S 3874 RS

1 (ii) the provision of medicines, medical 

2 equipment, and humanitarian assistance; or 

3 (iii) any credit, credit guarantee, or fi4 nancial assistance provided by the Depart5 ment of Agriculture to support the purchase 

6 of food or other agricultural commodities. 

7 (F) The President may exercise all powers 

8 granted to the President by the International 

9 Emergency Economic Powers Act (50 U.S.C. 

10 1701 et seq.) (except that the requirements of sec11 tion 202 of such Act (50 U.S.C. 1701) shall not 

12 apply) to the extent necessary to block and pro13 hibit all transactions in all property and inter14 ests in property of the agency or instrumentality 

15 if such property and interests in property are in 

16 the United States, come within the United 

17 States, or are or come within the possession or 

18 control of a United States person. 

19 (d) CONGRESSIONAL REQUESTS WITH RESPECT TO

20 FOREIGN PERSONS SUBJECT TO SANCTIONS.—Not later 

21 than 120 days after receiving a request from the chairman 

22 and ranking member of one of the appropriate congressional 

23 committees with respect to whether a foreign person is sub24 ject to sanctions under subsection (a) pursuant to the cri25 teria set forth in that subsection, the President shall— 


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•S 3874 RS

1 (1) determine if the person meets those criteria; 

2 and 

3 (2) submit a classified or unclassified report to 

4 such chairman and ranking member with respect to 

5 the determination under paragraph (1) that includes 

6 a statement of whether or not the President has im7 posed or intends to impose sanctions with respect to 

8 that person. 

9 (e) PENALTIES.— 

10 (1) IN GENERAL.—The penalties provided for in 

11 subsections (b) and (c) of section 206 of the Inter12 national Emergency Economic Powers Act (50 U.S.C. 

13 1705) shall apply to a person that knowingly violates, 

14 attempts to violate, conspires to violate, or causes a 

15 violation of regulations prescribed under section 12(b) 

16 to carry out paragraph (1) or (2)(F) of subsection (c) 

17 to the same extent that such penalties apply to a per18 son that knowingly commits an unlawful act de19 scribed in section 206(a) of that Act. 

20 (2) AUTHORITIES.—The President may exercise 

21 all authorities provided to the President under sec22 tions 203 and 205 of the International Emergency 

23 Economic Powers Act (50 U.S.C. 1702 and 1704) for 

24 purposes of carrying out paragraphs (1) and (2)(F) 

25 of subsection (c). 


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•S 3874 RS

1 (f) EXCEPTION.—The President shall not be required 

2 to impose sanctions under this section with respect to a for3 eign person or an agency or instrumentality of a foreign 

4 state if the President certifies in writing to the appropriate 

5 congressional committees that— 

6 (1) the foreign person or agency or instrumen7 tality (as the case may be)— 

8 (A) is no longer carrying out activities or 

9 transactions subject to sanctions under this sec10 tion; or 

11 (B) has taken and is continuing to take sig12 nificant verifiable steps toward terminating ac13 tivities or transactions subject to sanctions under 

14 this section; and 

15 (2) the President has received reliable assurances 

16 from the foreign person or agency or instrumentality 

17 (as the case may be) that it will not carry out any 

18 activities or transactions subject to sanctions under 

19 this section in the future. 

20 (g) WAIVER.—The President may waive, on a case-by21 case basis and for renewable periods of not more than 180 

22 days, a requirement under this section to impose or main23 tain sanctions with respect to a foreign person or agency 

24 or instrumentality of a foreign state if the President— 


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•S 3874 RS

1 (1) determines that the waiver is in the national 

2 security interest of the United States; and 

3 (2) not less than 15 days before granting the 

4 waiver, submits to the appropriate congressional com5 mittees a report on the waiver and the justification 

6 for the waiver. 

7 (h) EFFECTIVE DATE.—This section shall take effect 

8 on the date that is 180 days after the date of enactment 

9 of this Act and apply with respect to activities and trans10 actions described in subsection (a) that are carried out on 

11 or after such date of enactment. 

12 (i) SUNSET.—This section shall terminate on the ear13 lier of— 

14 (1) 30 days after the date on which the President 

15 certifies to the appropriate congressional committees 

16 that Hamas and the Palestinian Islamic Jihad, or 

17 any successor or affiliate thereof— 

18 (A) are no longer designated as a foreign 

19 terrorist organization pursuant to section 219 of 

20 the Immigration and Nationality Act (8 U.S.C. 

21 1189); 

22 (B) are no longer subject to sanctions pur23 suant to— 

24 (i) Executive Order 12947 (50 U.S.C. 

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1 actions with terrorists who threaten to dis2 rupt the Middle East peace process); and 

3 (ii) Executive Order 13224 (50 U.S.C. 

4 1701 note; relating to blocking property and 

5 prohibiting transactions with persons who 

6 commit, threaten to commit, or support ter7 rorism); and 

8 (C) meet the criteria described in para9 graphs (1) through (4) of section 9 of the Pales10 tinian Anti-Terrorism Act of 2006 (Public Law 

11 109–446; 22 U.S.C. 2378b note); or 

12 (2) 3 years after the date of the enactment of this 

13 Act. 

14 SEC. 5. IMPOSITION OF SANCTIONS WITH RESPECT TO FOR15 EIGN GOVERNMENTS THAT PROVIDE MATE16 RIAL SUPPORT FOR THE TERRORIST ACTIVI17 TIES OF HAMAS, THE PALESTINIAN ISLAMIC 

18 JIHAD, OR ANY AFFILIATE OR SUCCESSOR 

19 THEREOF. 

20 (a) IDENTIFICATION.— 

21 (1) IN GENERAL.—Not later than 180 days after 

22 the date of the enactment of this Act, and every 180 

23 days thereafter, the President shall submit to the ap24 propriate congressional committees a report that 

25 identifies the following: 


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1 (A) Each government of a foreign country 

2 that— 

3 (i) the Secretary of State determines 

4 has repeatedly provided support for acts of 

5 international terrorism pursuant to section 

6 1754(c) of the Export Control Reform Act of 

7 2018 (50 U.S.C. 4813(c)), section 40 of the 

8 Arms Export Control Act (22 U.S.C. 2780), 

9 section 620A of the Foreign Assistance Act 

10 of 1961 (22 U.S.C. 2371), or any other pro11 vision of law; and 

12 (ii) the President determines has pro13 vided direct or indirect material support for 

14 the terrorist activities of Hamas, the Pales15 tinian Islamic Jihad, or any affiliate or 

16 successor thereof. 

17 (B) Each government of a foreign country 

18 that— 

19 (i) is not identified under subpara20 graph (A); and 

21 (ii) the President determines know22 ingly engaged in a significant transaction 

23 that contributes to the efforts by the govern24 ment of a foreign country described in sub25 paragraph (A)(i) to provide direct or indiVerDate Sep 11 2014 07:14 May 08, 2024 Jkt 049200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6203 E:\BILLS\S3874.RS S3874

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1 rect material support for the terrorist ac2 tivities of Hamas, the Palestinian Islamic 

3 Jihad, or any affiliate or successor thereof. 

4 (2) FORM OF REPORT.—Each report submitted 

5 under paragraph (1) shall be submitted in unclassi6 fied form but may contain a classified annex. 

7 (b) IMPOSITION OF SANCTIONS.—The President shall 

8 impose the following sanctions with respect to each govern9 ment of a foreign country identified under subparagraph 

10 (A) or (B) of subsection (a)(1): 

11 (1) The United States Government shall suspend, 

12 for a period of one year, United States assistance to 

13 the government of the foreign country. 

14 (2) The Secretary of the Treasury shall instruct 

15 the United States Executive Director to each appro16 priate international financial institution to oppose, 

17 and vote against, for a period of one year, the exten18 sion by that institution of any loan or financial or 

19 technical assistance to the government of the foreign 

20 country. 

21 (3) No item on the United States Munitions List 

22 under section 38(a)(1) of the Arms Export Control 

23 Act (22 U.S.C. 2778(a)(1)) or the Commerce Control 

24 List set forth in Supplement No. 1 to part 774 of title 

25 15, Code of Federal Regulations (or any successor 


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•S 3874 RS

1 list), may be exported to the government of the foreign 

2 country for a period of one year. 

3 (c) IMPOSITION OF ADDITIONAL SANCTIONS WITH RE4 SPECT TO CERTAIN FOREIGN GOVERNMENTS.—The Presi5 dent shall impose the following additional sanctions with 

6 respect to each government of a foreign country identified 

7 under subsection (a)(1)(A): 

8 (1) The President shall, pursuant to such regula9 tions as the President may prescribe, prohibit any 

10 transactions in foreign exchange that are subject to 

11 the jurisdiction of the United States and in which the 

12 government of the foreign country has any interest. 

13 (2) The President shall, pursuant to such regula14 tions as the President may prescribe, prohibit any 

15 transfers of credit or payments between one or more 

16 financial institutions or by, through, or to any finan17 cial institution, to the extent that such transfers or 

18 payments are subject to the jurisdiction of the United 

19 States and involve any interest of the government of 

20 the foreign country. 

21 (d) MILITARY USE EXCEPTION.—The President shall 

22 not be required to impose sanctions with respect to the gov23 ernment of a foreign country pursuant to subsection (b)— 

24 (1) with respect to materials intended to be used 

25 by military or civilian personnel of the Armed Forces 


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•S 3874 RS

1 of the United States at military facilities in the coun2 try; or 

3 (2) if the application of such sanctions would 

4 prevent the United States from meeting the terms of 

5 any status of forces agreement to which the United 

6 States is a party or otherwise would not further the 

7 national security interests of the United States. 

8 (e) WAIVER.—The President may waive the applica9 tion of sanctions under this section on a case-by-case basis 

10 and for renewable periods of not more than 180 days if 

11 the President— 

12 (1) determines that the waiver is in the national 

13 security interests of the United States; and 

14 (2) not less than 15 days before the granting of 

15 the waiver, submits to the appropriate congressional 

16 committees a report on the waiver and the justifica17 tion for the waiver. 

18 (f) EFFECTIVE DATE.—This section shall take effect 

19 180 days after the date of the enactment of this Act and 

20 apply with respect to activities and transactions described 

21 in subparagraph (A) or (B) of subsection (a)(1) that are 

22 carried out on or after such date of enactment. 

23 (g) TERMINATION AND SUNSET.— 

24 (1) TERMINATION OF SANCTIONS.—The President 

25 may terminate any sanctions imposed with respect to 


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•S 3874 RS

1 the government of a foreign country under subsection 

2 (b) or (c) if the President determines and notifies the 

3 appropriate congressional committees that the govern4 ment of the foreign country is no longer carrying out 

5 activities or transactions for which the sanctions were 

6 imposed and has provided assurances to the United 

7 States Government that it will not carry out those ac8 tivities or transactions in the future. 

9 (2) SUNSET.—This section shall terminate on the 

10 earlier of— 

11 (A) 30 days after the date on which the 

12 President certifies to the appropriate congres13 sional committees that Hamas and the Pales14 tinian Islamic Jihad, or any successor or affil15 iate thereof— 

16 (i) are no longer designated as a for17 eign terrorist organization pursuant to sec18 tion 219 of the Immigration and Nation19 ality Act (8 U.S.C. 1189); 

20 (ii) are no longer subject to sanctions 

21 pursuant to— 

22 (I) Executive Order 12947 (50 

23 U.S.C. 1701 note; relating to prohib24 iting transactions with terrorists who 


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•S 3874 RS

1 threaten to disrupt the Middle East 

2 peace process); and 

3 (II) Executive Order 13224 (50 

4 U.S.C. 1701 note; relating to blocking 

5 property and prohibiting transactions 

6 with persons who commit, threaten to 

7 commit, or support terrorism); and 

8 (iii) meet the criteria described in 

9 paragraphs (1) through (4) of section 9 of 

10 the Palestinian Anti-Terrorism Act of 2006 

11 (Public Law 109–446; 22 U.S.C. 2378b 

12 note); or 

13 (B) 2 years after the date of the enactment 

14 of this Act. 

15 SEC. 6. REPORT ON ACTIVITIES OF FOREIGN COUNTRIES 

16 TO DISRUPT GLOBAL FUNDRAISING, FINANC17 ING, AND MONEY LAUNDERING ACTIVITIES 

18 OF HAMAS, THE PALESTINIAN ISLAMIC 

19 JIHAD, OR ANY AFFILIATE OR SUCCESSOR 

20 THEREOF. 

21 (a) REPORT.— 

22 (1) IN GENERAL.—Not later than 180 days after 

23 the date of the enactment of this Act, the President 

24 shall submit to the appropriate committees of Con25 gress a report that includes— 


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1 (A) a list of foreign countries that provide 

2 significant financial support for Hamas, the 

3 Palestinian Islamic Jihad, or any affiliate or 

4 successor thereof, or in which Hamas maintains 

5 significant portions of its financial networks; 

6 (B) with respect to each foreign country on 

7 the list required by subparagraph (A)— 

8 (i) an assessment of whether the gov9 ernment of the country is taking measures 

10 to restrict or block access to the assets of 

11 Hamas, the Palestinian Islamic Jihad, or 

12 any affiliate or successor thereof within the 

13 territory of the country; and 

14 (ii) in the case of a country the govern15 ment of which is not taking measures to 

16 freeze the assets of Hamas— 

17 (I) an assessment of the reasons 

18 that government is not taking adequate 

19 measures to freeze those assets; and 

20 (II) a description of measures 

21 being taken by the United States Gov22 ernment to encourage that government 

23 to freeze those assets; 

24 (C) a list of foreign countries in which 

25 Hamas, the Palestinian Islamic Jihad, or any 


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1 affiliate or successor thereof, conducts significant 

2 fundraising, financing, or money laundering ac3 tivities; 

4 (D) with respect to each foreign country on 

5 the list required by subparagraph (C)— 

6 (i) an assessment of whether the gov7 ernment of the country is taking measures 

8 to disrupt known fundraising, financing, or 

9 money laundering activities of Hamas, the 

10 Palestinian Islamic Jihad, or any affiliate 

11 or successor thereof within the territory of 

12 the country; and 

13 (ii) in the case of a country the govern14 ment of which is not taking measures to 

15 disrupt those activities— 

16 (I) an assessment of the reasons 

17 that government is not taking measures 

18 to disrupt those activities; and 

19 (II) a description of measures 

20 being taken by the United States Gov21 ernment to encourage that government 

22 to improve measures to disrupt those 

23 activities; and 

24 (E) a list of foreign countries from which 

25 Hamas, the Palestinian Islamic Jihad, or any 


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1 affiliate or successor thereof, acquires surveil2 lance equipment, electronic monitoring equip3 ment, or other means to inhibit communication 

4 or political expression in Gaza. 

5 (2) FORM.—The report required by paragraph 

6 (1) shall be submitted in unclassified form to the 

7 greatest extent possible and may contain a classified 

8 annex. 

9 (b) BRIEFING.—Not later than 180 days after the date 

10 of the enactment of this Act, and every 180 days thereafter 

11 for the following 3 years, the Secretary of State, the Sec12 retary of the Treasury, and the heads of other applicable 

13 Federal departments and agencies (or their designees) shall 

14 provide to the appropriate committees of Congress a brief15 ing on the disposition of the assets and activities of Hamas, 

16 the Palestinian Islamic Jihad, or any successor or affiliate 

17 thereof related to fundraising, financing, and money laun18 dering worldwide. 

19 (c) APPROPRIATE COMMITTEES OF CONGRESS DE20 FINED.—In this section, the term ‘‘appropriate committees 

21 of Congress’’ means— 

22 (1) the Committee on Foreign Relations, the 

23 Committee on Banking, Housing, and Urban Affairs, 

24 and the Select Committee on Intelligence of the Sen25 ate; and 


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1 (2) the Committee on Foreign Affairs, the Com2 mittee on Financial Services, and the Permanent Se3 lect Committee on Intelligence of the House of Rep4 resentatives. 

5 SEC. 7. MODIFICATION AND EXTENSION OF SANCTIONING 

6 THE USE OF CIVILIANS AS DEFENSELESS 

7 SHIELDS ACT. 

8 (a) IN GENERAL.—Section 3 of the Sanctioning the 

9 Use of Civilians as Defenseless Shields Act (Public Law 

10 115–348; 50 U.S.C. 1701 note) is amended— 

11 (1) in subsection (b)— 

12 (A) by redesignating paragraph (3) as 

13 paragraph (4); and 

14 (B) by inserting after paragraph (2) the fol15 lowing: 

16 ‘‘(3) Each foreign person that the President de17 termines, on or after the date of the enactment of the 

18 Hamas and Palestinian Islamic Jihad International 

19 Terrorism Support Prevention Act of 2024— 

20 ‘‘(A) is a member of Palestine Islamic 

21 Jihad or is knowingly acting on behalf of Pal22 estine Islamic Jihad; and 

23 ‘‘(B) knowingly orders, controls, or other24 wise directs the use of civilians protected as such 


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1 by the law of war to shield military objectives 

2 from attack.’’; 

3 (2) by redesignating subsections (e), (f), (g), (h), 

4 and (i) as subsections (f), (g), (h), (i), and (j), respec5 tively; and 

6 (3) by inserting after subsection (d) the fol7 lowing: 

8 ‘‘(e) CONGRESSIONAL REQUESTS.—Not later than 120 

9 days after receiving a request from the chairman and rank10 ing member of one of the appropriate congressional commit11 tees with respect to whether a foreign person meets the cri12 teria of a person described in subsection (b) or (c), the 

13 President shall— 

14 ‘‘(1) determine if the person meets such criteria; 

15 and 

16 ‘‘(2) submit a written justification to the chair17 man and ranking member detailing whether or not 

18 the President imposed or intends to impose sanctions 

19 described in subsection (b) or (c) with respect to such 

20 person.’’. 

21 (b) DEFINITIONS.—Section 4 of the Sanctioning the 

22 Use of Civilians as Defenseless Shields Act (Public Law 

23 115–348; 50 U.S.C. 1701 note) is amended— 

24 (1) by redesignating paragraph (7) as para25 graph (8); and 


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1 (2) by inserting after paragraph (6) the fol2 lowing: 

3 ‘‘(7) PALESTINE ISLAMIC JIHAD.—The term 

4 ‘Palestine Islamic Jihad’ means— 

5 ‘‘(A) the entity known as Palestine Islamic 

6 Jihad and designated by the Secretary of State 

7 as a foreign terrorist organization pursuant to 

8 section 219 of the Immigration and Nationality 

9 Act (8 U.S.C. 1189); or 

10 ‘‘(B) any person identified as an agent or 

11 instrumentality of Palestine Islamic Jihad on 

12 the list of specially designated nationals and 

13 blocked persons maintained by the Office of For14 eign Asset Control of the Department of the 

15 Treasury, the property or interests in property of 

16 which are blocked pursuant to the International 

17 Emergency Economic Powers Act (50 U.S.C. 

18 1701 et seq.).’’. 

19 (c) SUNSET.—Section 5 of the Sanctioning the Use of 

20 Civilians as Defenseless Shields Act (Public Law 115–348; 

21 50 U.S.C. 1701 note) is amended by striking ‘‘December 

22 31, 2023’’ and inserting ‘‘December 31, 2030’’. 


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1 SEC. 8. CONFRONTING ASYMMETRIC AND MALICIOUS 

2 CYBER ACTIVITIES. 

3 (a) IN GENERAL.—On and after the date that is 180 

4 days after the date of the enactment of this Act, the Presi5 dent may impose the sanctions described in subsection (b) 

6 with respect to any foreign person that the President deter7 mines, on or after such date of enactment— 

8 (1) is responsible for or complicit in, or has en9 gaged knowingly in, significant cyber-enabled activi10 ties originating from, or directed by persons located, 

11 in whole or in substantial part, outside the United 

12 States that are reasonably likely to result in, or have 

13 materially contributed to, a significant threat to the 

14 national security, foreign policy, or economic health 

15 or financial stability of the United States; 

16 (2) materially assisted, sponsored, or provided fi17 nancial, material, or technological support for, or 

18 goods or services to or in support of, any activity de19 scribed in this subsection or any person whose prop20 erty and interests in property are blocked pursuant to 

21 this section; 

22 (3) is owned or controlled by, or has acted or 

23 purported to act for or on behalf of, directly or indi24 rectly, any person whose property and interests in 

25 property are blocked pursuant to this section; or 


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1 (4) has attempted to engage in any of the activi2 ties described in paragraph (1), (2), or (3). 

3 (b) SANCTIONS DESCRIBED.—The sanctions described 

4 in this subsection are the following: 

5 (1) INADMISSIBILITY TO UNITED STATES.—In 

6 the case of an alien— 

7 (A) ineligibility to receive a visa to enter 

8 the United States or to be admitted to the United 

9 States; or 

10 (B) if the individual has been issued a visa 

11 or other documentation, revocation, in accord12 ance with section 221(i) of the Immigration and 

13 Nationality Act (8 U.S.C. 1201(i)), of the visa or 

14 other documentation. 

15 (2) BLOCKING OF PROPERTY.—The blocking, in 

16 accordance with the International Emergency Eco17 nomic Powers Act (50 U.S.C. 1701 et seq.), of all 

18 transactions in all property and interests in property 

19 of a foreign person if such property and interests in 

20 property are in the United States, come within the 

21 United States, or are or come within the possession 

22 or control of a United States person. 

23 (c) REQUESTS BY APPROPRIATE CONGRESSIONAL

24 COMMITTEES.— 


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1 (1) IN GENERAL.—Not later than 120 days after 

2 receiving a request that meets the requirements of 

3 paragraph (2) with respect to whether a foreign per4 son has engaged in an activity described in subsection 

5 (a), the President shall— 

6 (A) determine if that person has engaged in 

7 such an activity; and 

8 (B) submit a classified or unclassified re9 port to the chairperson and ranking member of 

10 the committee or committees that submitted the 

11 request with respect to that determination that 

12 includes— 

13 (i) a statement of whether or not the 

14 President imposed or intends to impose 

15 sanctions with respect to the person; 

16 (ii) if the President imposed or intends 

17 to impose sanctions, a description of those 

18 sanctions; and 

19 (iii) if the President does not intend to 

20 impose sanctions, a description of actions 

21 that meet the threshold for the President to 

22 impose sanctions. 

23 (2) REQUIREMENTS.—A request under para24 graph (1) with respect to whether a foreign person has 

25 engaged in an activity described in subsection (a) 


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1 shall be submitted to the President in writing jointly 

2 by the chairperson and ranking member of one of the 

3 appropriate congressional committees. 

4 SEC. 9. SANCTIONS WITH RESPECT TO THREATS TO CUR5 RENT OR FORMER UNITED STATES OFFI6 CIALS. 

7 (a) IN GENERAL.—On and after the date that is 180 

8 days after the date of the enactment of this Act, the Presi9 dent shall impose the sanctions described in subsection (b) 

10 with respect to any foreign person the President determines 

11 has, on or after such date of enactment, ordered, directed, 

12 or taken material steps to carry out any use of violence 

13 or has attempted or threatened to use violence against any 

14 current or former official of the Government of the United 

15 States. 

16 (b) SANCTIONS DESCRIBED.—The sanctions described 

17 in this subsection are the following: 

18 (1) INADMISSIBILITY TO UNITED STATES.—In 

19 the case of a foreign person who is an individual— 

20 (A) ineligibility to receive a visa to enter 

21 the United States or to be admitted to the United 

22 States; or 

23 (B) if the individual has been issued a visa 

24 or other documentation, revocation, in accord25 ance with section 221(i) of the Immigration and 


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1 Nationality Act (8 U.S.C. 1201(i)), of the visa or 

2 other documentation. 

3 (2) BLOCKING OF PROPERTY.—The blocking, in 

4 accordance with the International Emergency Eco5 nomic Powers Act (50 U.S.C. 1701 et seq.), of all 

6 transactions in all property and interests in property 

7 of a foreign person if such property and interests in 

8 property are in the United States, come within the 

9 United States, or are or come within the possession 

10 or control of a United States person. 

11 (c) ENFORCEMENT OF BLOCKING OF PROPERTY.—A 

12 person that violates, attempts to violate, conspires to vio13 late, or causes a violation of a sanction described in sub14 section (b)(2) that is imposed by the President or any regu15 lation, license, or order issued to carry out such a sanction 

16 shall be subject to the penalties set forth in subsections (b) 

17 and (c) of section 206 of the International Emergency Eco18 nomic Powers Act (50 U.S.C. 1705) to the same extent as 

19 a person that commits an unlawful act described in sub20 section (a) of that section. 

21 (d) WAIVER.— 

22 (1) IN GENERAL.—The President may waive the 

23 application of sanctions under this section for renew24 able periods not to exceed 180 days if the President— 


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1 (A) determines that such a waiver is in the 

2 vital national security interests of the United 

3 States; and 

4 (B) not less than 15 days before the grant5 ing of the waiver, submits to the appropriate 

6 congressional committees a notice of and jus7 tification for the waiver. 

8 (e) TERMINATION AND SUNSET.— 

9 (1) TERMINATION OF SANCTIONS.—The President 

10 may terminate the application of sanctions under this 

11 section with respect to a person if the President deter12 mines and reports to the appropriate congressional 

13 committees not later than 15 days before the termi14 nation of the sanctions that— 

15 (A) credible information exists that the per16 son did not engage in the activity for which 

17 sanctions were imposed; 

18 (B) the person has credibly demonstrated a 

19 significant change in behavior, has paid an ap20 propriate consequence for the activity for which 

21 sanctions were imposed, and has credibly com22 mitted to not engage in an activity described in 

23 subsection (a) in the future; or 


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1 (C) the termination of the sanctions is in 

2 the vital national security interests of the United 

3 States. 

4 (2) SUNSET.—The requirement to impose sanc5 tions under this section shall terminate on the date 

6 that is 4 years after the date of the enactment of this 

7 Act. 

8 SEC. 10. RESOURCES FOR SANCTIONS IMPLEMENTATION AT 

9 THE DEPARTMENT OF STATE. 

10 (a) SENSE OF CONGRESS.—It is the sense of Congress 

11 that sanctions are a vital foreign policy and national secu12 rity tool, and as such, it is critical that the Department 

13 of State and other agencies with responsibilities relating to 

14 sanctions across the executive branch— 

15 (1) are fully staffed, including through the 

16 prompt confirmation by the Senate of a qualified 

17 head of the Office of Sanctions Coordination of the 

18 Department of State; and 

19 (2) have the resources and infrastructure nec20 essary for the successful development and implementa21 tion of sanctions. 

22 (b) INCREASING RESOURCES AND IMPROVING MOD23 ERNIZATION FOR SANCTIONS IMPLEMENTATION.—The Sec24 retary of State shall take steps to modernize the sanctions 


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1 infrastructure and increase resources dedicated to imple2 menting sanctions, including by— 

3 (1) ensuring the Department of State has nec4 essary subscriptions and access to open-source data5 bases for purposes of making determinations to sup6 port the designation of persons for the imposition of 

7 sanctions; 

8 (2) equipping bureaus involved in drafting and 

9 reviewing evidentiary packages to support such des10 ignations with sufficient technical resources to do so, 

11 including an adequate number of workstations that 

12 can be used to review classified information; and 

13 (3) increasing the number of personnel dedicated 

14 to making and reviewing such designations. 

15 (c) REPORT ON MODERNIZATIONS EFFORTS.—Not 

16 later than 180 days after the date of the enactment of this 

17 Act, the Secretary of State shall submit to the appropriate 

18 congressional committees a report describing steps the De19 partment of State is taking to address challenges in the 

20 ability of the Department to support the designation of per21 sons for the imposition of sanctions. 

22 (d) AUTHORIZATION OF APPROPRIATION.—There is 

23 authorized to be appropriated to the Secretary of State for 

24 fiscal year 2025 $15,000,000 to carry out this section. 


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1 SEC. 11. REPORT ON IMPACTS ON THE ISLAMIC REPUBLIC 

2 OF IRAN OF SANCTIONS IMPOSED BY THE 

3 UNITED STATES. 

4 (a) IN GENERAL.—Not later than 90 days after the 

5 date of the enactment this Act, the Secretary of State, in 

6 consultation with the Secretary of the Treasury and draw7 ing on subject-matter experts including economists and stat8 isticians from the Department of State and the Department 

9 of the Treasury, shall submit to the appropriate congres10 sional committees a report on the impacts on the Islamic 

11 Republic of Iran of sanctions imposed by the United States. 

12 (b) ELEMENTS.—The report required by subsection (a) 

13 shall include an assessment of the following: 

14 (1) The impact of sanctions imposed by the 

15 United States on the following: 

16 (A) Problematic activities and policies of 

17 the Islamic Republic of Iran, including ballistic 

18 missile development, proliferation of Iranian 

19 drones and missiles to state and non-state actors, 

20 uranium enrichment, and funding of terrorist 

21 groups in the ‘‘Axis of Resistance’’, and how 

22 sanctions have meaningfully impacted the ability 

23 of such groups to operate. 

24 (B) Key officials of the Iranian regime, in25 cluding their access to alternative financial marVerDate Sep 11 2014 07:14 May 08, 2024 Jkt 049200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6203 E:\BILLS\S3874.RS S3874

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1 kets, their standard of living, and impacts to 

2 their personal wealth. 

3 (C) The operations of independent civil so4 ciety organizations in Iran, including the ability 

5 of such organizations to access products that 

6 would allow them to document and share human 

7 rights abuses, promote democratic norms, and 

8 engage in political dissent. 

9 (D) The efficacy of licensing actions aimed 

10 at ensuring the people of Iran have access to cir11 cumvention technologies around Iranian regime 

12 firewalls and censors to promote internet free13 dom, including General License D-2 of the De14 partment of the Treasury. 

15 (E) The standard of living of the people of 

16 Iran, including— 

17 (i) the impact on the purchasing power 

18 of the people of Iran and their ability to af19 ford and acquire food and medicine; and 

20 (ii) changes in the size of the working 

21 and middle classes in Iran, including im22 pacts to the poverty rate in Iran. 

23 (F) The growth of unofficial economies con24 trolled by officials of the Iranian regime and 


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1 members of the Islamic Revolutionary Guard 

2 Corps. 

3 (2) What industries in Iran remain unaffected 

4 by such sanctions. 

5 SEC. 12. MISCELLANEOUS PROVISIONS. 

6 (a) RULES OF CONSTRUCTION.— 

7 (1) RULE OF CONSTRUCTION ON ASSISTANCE TO

8 PALESTINIANS.—Nothing in this Act shall be con9 strued to prohibit the President from providing assist10 ance that benefits Palestinians in the West Bank and 

11 Gaza in a manner consistent with United States law, 

12 including section 1004(a) of the Taylor Force Act (22 

13 U.S.C. 2378c–1(a)) and sections 620K and 620L of 

14 the Foreign Assistance Act of 1961 (22 U.S.C. 2378b 

15 and 2378c). 

16 (2) RULE OF CONSTRUCTION ON AVAILABILITY

17 OF EXISTING AUTHORITIES.—Nothing in this Act 

18 shall be construed to affect the availability of any ex19 isting authorities to issue waivers, exceptions, exemp20 tions, licenses, or other authorization. 

21 (b) REGULATORY AUTHORITY.—The President may, 

22 not later than 180 days after the date of the enactment of 

23 this Act, prescribe regulations as are necessary for the im24 plementation of this Act. 

25 (c) EXCEPTIONS.— 


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1 (1) EXCEPTION RELATING TO INTELLIGENCE AC2 TIVITIES.—Sanctions under this Act shall not apply 

3 to any activity subject to the reporting requirements 

4 under title V of the National Security Act of 1947 (50 

5 U.S.C. 3091 et seq.) or any authorized intelligence ac6 tivities of the United States. 

7 (2) EXCEPTION TO COMPLY WITH INTER8 NATIONAL OBLIGATIONS AND LAW ENFORCEMENT AC9 TIVITIES.—Sanctions under this Act shall not apply 

10 with respect to an alien if admitting or paroling the 

11 alien into the United States is necessary— 

12 (A) to permit the United States to comply 

13 with the Agreement regarding the Headquarters 

14 of the United Nations, signed at Lake Success 

15 June 26, 1947, and entered into force November 

16 21, 1947, between the United Nations and the 

17 United States, or other applicable international 

18 obligations of the United States; or 

19 (B) to carry out or assist authorized law 

20 enforcement activity in the United States. 

21 (3) EXCEPTION RELATING TO IMPORTATION OF

22 GOODS.— 

23 (A) IN GENERAL.—The requirement to block 

24 and prohibit all transactions in all property and 

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1 clude the authority or a requirement to impose 

2 sanctions on the importation of goods. 

3 (B) GOOD DEFINED.—In this paragraph, 

4 the term ‘‘good’’ means any article, natural or 

5 man-made substance, material, supply or manu6 factured product, including inspection and test 

7 equipment, and excluding technical data. 

8 (4) HUMANITARIAN ASSISTANCE.— 

9 (A) IN GENERAL.—Sanctions under this Act 

10 shall not apply to— 

11 (i) the conduct or facilitation of a 

12 transaction for the provision of agricultural 

13 commodities, food, medicine, medical de14 vices, or humanitarian assistance, or for 

15 humanitarian purposes; or 

16 (ii) transactions that are necessary for 

17 or related to the activities described in 

18 clause (i). 

19 (B) DEFINITIONS.—In this paragraph: 

20 (i) AGRICULTURAL COMMODITY.—The 

21 term ‘‘agricultural commodity’’ has the 

22 meaning given that term in section 102 of 

23 the Agricultural Trade Act of 1978 (7 

24 U.S.C. 5602). 


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1 (ii) MEDICAL DEVICE.—The term 

2 ‘‘medical device’’ has the meaning given the 

3 term ‘‘device’’ in section 201 of the Federal 

4 Food, Drug, and Cosmetic Act (21 U.S.C. 

5 321). 

6 (iii) MEDICINE.—The term ‘‘medicine’’ 

7 has the meaning given the term ‘‘drug’’ in 

8 section 201 of the Federal Food, Drug, and 

9 Cosmetic Act (21 U.S.C. 321). 

10 (5) REPORT ON EXCEPTIONS.—Not later than 

11 one year after the date of the enactment of this Act, 

12 and annually thereafter, the President shall submit to 

13 the appropriate congressional committees a report 

14 that describes each activity that would be subject to 

15 sanctions under this Act if not excepted pursuant to 

16 paragraph (1) or (2). 


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kjohnson on DSK7ZCZBW3PROD with $$_JOB
Calendar No. 376 

118TH CONGRESS 

2D SESSION S. 3874 

A BILL 

To impose sanctions with respect to foreign support 

Bank, and for other purposes. for terrorist organizations in Gaza and the West 

MAY 7, 2024 

Reported with an amendment 


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